The Punjab and Haryana High Court has held that a Muslim girl above 15 years of age is competent to enter into a contract of marriage with a person of her choice.
Justice Jasjit Singh Bedi’s assertion came during a petition filed by a Muslim couple, who fell in love and solemnised their marriage on June 6, 2022, as per Muslim rites and ceremonies. Both the petitioners in Punjab’s Pathankot had approached the High Court seeking protection of life and liberty from the respondents, including family members.
Pointing out that the marriage of a Muslim girl is governed by the Muslim Personal Law, Justice Singh stated “...As per Article 195 from the book Principles of Mohammedan Law by Sir Dinshah Fardunji Mulla, the petitioner No. 2 (girl) being over 16 years of age was competent to enter into a contract of marriage with a person of her choice. Petitioner No. 1 (boy) is stated to be more than 21 years of age. Thus, both the petitioners are of marriageable age as envisaged by the Muslim Personal Law.”
